Campaign Treasurer for Candidate for Brooklyn Borough President Pleads Guilty to Scheme to Defraud New York City’s Campaign Finance Board

Source: US FBI

Defendant Used Straw Donors and Submitted Forged Documents in Attempt to Steal $400,000 in Matching Funds From New York City

Earlier today, in federal court in Brooklyn, Erlene King pleaded guilty to wire fraud in connection with her attempt to steal funds from New York City’s Campaign Finance Board (CFB).  Today’s proceeding was held before United States District Judge Carol Bagley Amon.  When sentenced, King faces up to 20 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“Instead of playing by the rules New York City established for free and fair elections, the defendant attempted to use the city’s matching funds program to give the campaign an unfair advantage,” stated United States Attorney Peace.  “My Office and our law enforcement partners are focused on rooting out corruption in our electoral system to ensure that all candidates are operating on a level playing field.”

Mr. Peace expressed his appreciation to the CFB for its cooperation and assistance during the investigation. 

“Erlene King deprived New York City residents of a fair election by attempting to manipulate hundreds of thousands of dollars in donor contributions to unlawfully favor her candidate,” stated FBI Assistant Director in Charge Dennehy.  “King abused her position as a campaign treasurer and attempted to profit from exploiting a system designed to represent the voices of the city.  The FBI remains steadfast in its mission to eliminate any source of corruption polluting our city’s democratic processes.”

CFB Overview

The CFB oversees and administers a publicly funded campaign finance system in connection with municipal elections in New York City.  This includes a “matching funds program” that provides eligible candidates with public funds based on the number and amount of certain donor contributions. According to the CFB, the program “empowers New Yorkers in every neighborhood to make their voices heard in city elections.”  In addition, the CFB maintains that “by encouraging candidates to raise small-dollar contributions from average New Yorkers, the program increases engagement between voters and those who seek to represent them.”

Candidates running for the Office of the Brooklyn Borough President in the 2021 election cycle were eligible to participate in the CFB’s matching funds program if they met certain criteria.  Among other things, to be eligible to receive public funds, candidates were required to meet a two-part fundraising threshold. Specifically, a candidate had to collect a minimum number of donations and raise a minimum amount of money from New York City residents before the CFB paid any matching funds.

For candidates who ran for the Office of the Brooklyn Borough President during the 2021 election cycle, candidates received up to $8 in matching funds for each $1 of eligible contributions, up to $175 per contributor.  If a candidate received an eligible contribution of $175, then that candidate could collect up to $1,400 in matching funds.  In total, the matching funds program provided up to $1,457,777 in public matching funds to a candidate for the Office of the Brooklyn Borough President.  Because campaigns for Brooklyn Borough President during the 2021 election cycle needed to raise at least $50,000 in eligible contributions to receive any matching funds, any candidate who was eligible to receive matching funds necessarily received at least $400,000 in matching funds from the CFB.

The Scheme

King served as the campaign treasurer for a candidate who ran in a primary for the Office of the Brooklyn Borough President during the 2021 election cycle (Candidate #1).  King admitted that she obtained fraudulent donations for the purpose of inducing the CFB to provide matching funds to Candidate #1’s campaign. A number of those contributions, which were obtained at King’s direction, were fraudulent nominee contributions made in the names of individuals who either did not personally fund the contributions or were later reimbursed for their contributions (i.e., straw donors).  For example, King used CashApp to send money to intermediaries and instructed them to distribute the money to fund contributions from straw donors to Candidate #1.  Other fraudulent contributions were made in the names of individuals whose identities were stolen and who had not personally contributed to Candidate #1. The CFB ultimately determined that the campaign submitted fictitious records and did not pay any public matching funds to the campaign.

The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States  Attorneys Philip Pilmar and Eric Silverberg are in charge of the prosecution, with the assistance of Paralegal Specialist Rachel Friedman.

The Defendant:

ERLENE KING
Age: 71
Brooklyn, NY
E.D.N.Y. Docket No. 24-CR-374 (CBA)

California Man Sentenced for Assaulting Law Enforcement with a Dangerous Weapon During January 6 Capitol Breach

Source: US FBI

            WASHINGTON— A California man was sentenced to prison today after previously pleading guilty to assaulting law enforcement with a dangerous weapon during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            David Dempsey, 37, of Santa Ana, California, was sentenced to 240 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Royce C. Lamberth. Dempsey previously pleaded guilty to two felony counts of assaulting, resisting, or impeding certain officers with a deadly or dangerous weapon on Jan. 4, 2024.

            According to court documents, Dempsey traveled to Washington, D.C., with others from his home in California and, on the morning of Jan. 6, 2021, attended the “Stop the Steal” rally at the Ellipse. Dempsey was later interviewed standing near a wooden structure representing a hanging gallows, which was fitted with a noose and sign stating, “This is Art.” Dempsey wore a black helmet, vest, sunglasses, and an American flag gaiter covering his neck, mouth, and nose.

            During the interview, Dempsey was asked what he thought of this “work of art” (the gallows), to which he replied, in part: This isn’t just art. This is necessary” and “Them worthless f— s—holes like f— Jerry Nadler, f— Pelosi, uh Clapper, Comey, f— all those pieces of garbage, you know, Obama, all these dudes, Clinton f— all these pieces of s—. That’s what they need. They don’t need a jail cell. They need to hang from these m—f— while everybody videotapes it and f— spreads it on YouTube, B—Tube or whatever f— social media there is.”

            Later, Dempsey walked with others toward the U.S. Capitol building and made his way to the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement on January 6th. Here, Dempsey joined the crowd, pushing into a line of police officers defending the Tunnel. At about 3:36 p.m., Dempsey climbed atop other rioters’ shoulders, arms, and backs to get to the front line.  Upon reaching the front, Dempsey threw a short pole-like object into the Tunnel, striking a police officer. Dempsey shouted, “F— you b—ass cops.”  Dempsey then grabbed onto a police riot shield and continued to yell insults at police.

            At approximately 3:57 p.m., Dempsey attempted to throw a flagpole at officers in the Tunnel, but his throw was inadvertently blocked by a police riot shield held by another rioter. He then grabbed onto an officer’s baton and attempted to pull it away. At about 3:59 p.m., Dempsey, using the Tunnel’s wooden frame as support, kicked the shields of law enforcement officers four times.

            At about 4:01 p.m., Dempsey took a long pole from the crowd and swung it at officers in the Tunnel, striking their shields. He then used his foot to push away a crowd member attempting to take the pole away from him. Court documents say that a short while later, at about 4:07 p.m., Dempsey sprayed two separate bursts of pepper spray into the line of officers.

            For the next several minutes, Dempsey continued his assault on officers in the Tunnel including by throwing water bottles at police, spraying pepper spray at officers, swinging a metal crutch, which struck police; swinging an aluminum people, which also struck police; throwing a folded-up metal pole; and swinging and throwing a long wooden pole, which struck police.

            At about 4:42 p.m., Dempsey retreated from the crowd to rinse pepper spray from his eyes and face. He then returned to the front line and swung a flagpole at the line of officers, striking an officer’s riot shield. Finally, at 5:03 p.m., Dempsey threw two objects at officers in the Tunnel.            

            The FBI arrested Dempsey on Aug. 26, 2021, in California.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.

            This case was investigated by the FBI’s Los Angeles and Washington Field Offices, which identified Dempsey BOLO #399 in its seeking information photos. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

            In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 550 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Ex-Law Enforcement and Former Military Officers Charged in Alleged Sham Raid to Extort O.C. Man at Behest of Chinese National

Source: US FBI

LOS ANGELES – Four ex-law enforcement and military officers are scheduled to be arraigned today on a four-count superseding indictment that alleges they acted as a sham law enforcement team that entered an Irvine man’s home and threatened him and his family with violence and deportation unless he turned over nearly $37 million and signed away his rights in a business – worth tens of millions of dollars – that he shared with a wealthy Chinese national who secretly financed the bogus raid.

The superseding indictment filed on August 1, charges the following defendants with one count of conspiracy to commit extortion, one count of attempted extortion, one count of conspiracy against rights, and one count of deprivation of rights under color of law:

  • Steven Arthur Lankford, 68, of Canyon Country, a retired Los Angeles County Sheriff’s Department (LASD) deputy who stopped working for LASD in 2020 and owns a Santa Clarita-based process service company;
  • Glen Louis Cozart, 63, of Upland, a former LASD deputy who owns and operates a San Bernardino County-based private investigation and security services company;
  • Max Samuel Bennett Turbett, 39, of Australia, a United Kingdom citizen and former member of the British military who owns an Australia-based private investigation and asset recovery business; and
  • Matthew Phillip Hart, 41, of Australia, an Australian citizen and former member of the Australian military who owns an Australia-based risk management services business.

The defendants are scheduled to be arraigned this afternoon in United States District Court in downtown Los Angeles.

“It is critical that we hold public officials, including law enforcement officers, to the same standards as the rest of us,” said United States Attorney Martin Estrada. “It is unacceptable and a serious civil rights violation for a sworn police officer to take the law into his own hands and abuse the authority of the Los Angeles County Sheriff’s Department.”

“The defendants in this case allegedly believed they could carry out vigilante justice by using official police powers to enter the home of vulnerable victims and extorting them out of millions of dollars,” said Akil Davis, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI will not tolerate civil rights violations by anyone who takes the law into their own hands for personal gain or otherwise.”

According to the superseding indictment, the Irvine businessman – identified as “Victim 1” – had an ongoing business dispute with an unindicted co-conspirator – the wealthy Chinese national – regarding their respective ownership interests in Jiangsu Sinorgchem Technology Co. Ltd., a China-based rubber chemical manufacturer. Their dispute led to at least three lawsuits in China and one in Atlanta. In October 2013, the Chinese national alleged in a civil court filing that China had issued a “red notice” for Victim 1, which Victim 1 understood was linked to his business dispute with the unindicted co-conspirator.

In December 2018, the unindicted co-conspirator allegedly contacted Turbett to help locate and recover assets from Victim 1. She said that the long and costly litigation had not been “the smart way” to handle her dispute with Victim 1 and asked Turbett to find a different “solution to finish the problem.” She promised Turbett that if he helped her, “we can both retire.”

In June 2019, Turbett and the unindicted co-conspirator drafted purported settlement agreements calling for Victim 1 to transfer assets – including approximately $36,972,386 in cash as well as lucrative shares in Jiangsu Sinorgchem – to the unindicted co-conspirator.

Turbett allegedly hired Cozart to locate Victim 1 and assemble a team to obtain Victim 1’s signature on the settlement agreements. Cozart, in turn, hired Lankford, then an LASD deputy, who searched Victim 1’s name and date of birth in the National Crime Information Center database using his Justice Data Interface Controller terminal at LASD, in violation of LASD policy that law enforcement databases only be used for law enforcement purposes and not for personal use.

Turbett and Hart flew from Australia to Los Angeles, where they met with Cozart and Lankford to discuss plans for the sham raid. 

On June 17, 2019, Lankford – in violation of LASD policy – drove an unmarked LASD vehicle to Victim 1’s home with Cozart, Hart and Turbett, the superseding indictment alleges. Lankford and Cozart then approached Victim 1 outside his home. Lankford allegedly identified himself as a police officer and showed his badge, while Cozart falsely identified himself as an “Immigration” officer.

Under the guise of a legitimate law enforcement operation, the defendants allegedly entered the home, where they forced Victim 1, his wife, and their two children into one room, took their phones, and prevented them from leaving for hours. Victim 1 was slammed against a wall and choked, the superseding indictment states. Defendants allegedly also threatened to deport Victim 1 and his wife and permanently separate them from their 4-year-old son unless Victim 1 complied with their demands. 

Fearing for his and his family’s safety, the superseding indictment alleges that Victim 1 ultimately signed the documents, thereby relinquishing his multimillion-dollar interest in Jiangsu Sinorgchem.

Although Lankford told Victim 1 that he would be arrested and deported if he reported the incident to police, Victim 1 immediately contacted the Irvine Police Department (IPD) after defendants left his home. Lankford thereafter spoke with an IPD officer and falsely claimed that he had been at Victim 1’s home for a legitimate law enforcement purpose, that Victim 1 consented to all parties being in his home, and that no force was used.

By November 2019, all the defendants had been paid for their efforts. The unindicted co-conspirator paid Turbett’s company approximately $419,813 for services rendered and emailed Turbett to thank him for a “very good job,” the superseding indictment alleges.

An indictment is merely an allegation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

If convicted, the defendants would face a statutory maximum sentence of 20 years in federal prison for each extortion-related count and up to 10 years in federal prison for each deprivation of rights-related count.  

The FBI is investigating this matter. The Los Angeles County Sheriff’s Department and Irvine Police Department provided substantial assistance.

Assistant United States Attorney Cassie D. Palmer of the Public Corruption and Civil Rights Section is prosecuting this case.

Two Women from California Arrested on Felony and Misdemeanor Charges for Actions During January 6 Capitol Breach

Source: US FBI

Defendant Allegedly Carried Multiple Weapons into Capitol Building Including a Short Sword, Whip, and Collapsible Baton

            WASHINGTON — Two women from California made their initial appearances before the District Court for the District of Columbia on multiple charges related to their actions during the Jan. 6, 2021, breach of the U.S. Capitol. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Kennedy Lindsey, 29, of North Hollywood, California, is charged in a criminal complaint with felony offenses of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and carrying or having a firearm, a dangerous weapon or explosives on the grounds or in any of the Capitol buildings. In addition to the felonies, Lindsey is charged with misdemeanor offenses of disorderly conduct in a capitol building or grounds and parading, demonstrating, or picketing in a Capitol building.

            Dianelle Lacy, 46, of Malibu, California, was also arrested and charged with four misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, and parading, demonstrating, or picketing in a Capitol building.

            Both defendants were arrested on July 28, 2024. The were released following a court appearance today.

            According to court documents, on Jan. 6, 2021, Lindsey and Lacy traveled from Southern California to Washington, D.C., to attend the “Stop the Steal Rally” at the Ellipse.  Upon their arrival, the two attended the rally and later made their way toward the U.S. Capitol building. Court documents say that Lindsey recorded videos of the events that day with her cell phone, including one such video in which she exclaimed, “the Capitol building is being stormed as we speak. We’re on our way there. . . God Bless America m—f—, let’s go.”

           The two were then seen in open-source video footage approaching the Capitol on a golf cart, while another rider encouraged the crowd to breach the building.

            Lindsey and Lacy then made their way to the Inaugural Stage on the West Front, where rioters had overrun police defenses.  By 3:30 p.m., the two women were at the Senate Wing Door, as alarms were blaring, and rioters were exiting the building through broken windows. Surveillance footage captured both women entering the Capitol, Lindsey through a broken window and Lacy through the door. Inside, Lindsey filmed videos in which she observed the presence of pepper spray and riot police. The two exited the building at about 3:36 p.m. while Lindsey continued recording the aftermath.

            Further, according to court documents, at about 5:25 p.m., a United States Secret Service (USSS) officer noticed Lindsey’s suspicious behavior near the Presidential Transition Office, where she was seen carrying a large metal pole. The USSS officer approached Lindsey and observed a weapon strapped to Lindsey’s leg that Lindsey described to the officer as a “short sword.” Lindsey informed the officer that she was carrying other weapons as well. The officer discovered multiple weapons on her person, including a short sword, a tactical whip, a collapsible baton, pepper spray, a butterfly knife, and a flashlight taser.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.

            This case is being investigated by the FBI’s Los Angeles and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police, the Metropolitan Police Department, and the Secret Service.

            In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 550 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Federal Grand Jury Indicts Buffalo Man for Selling Methamphetamine

Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Mario Pittman Jr., 30, of Buffalo, NY, with possession with intent to distribute methamphetamine, which carries a maximum penalty of life in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that according to the indictment and a previously filed complaint, since March 2024, the FBI Safe Streets Task Force and the Lackawanna Police Department have been investigating Pittman’s drug trafficking activities. The investigation included multiple controlled purchases of methamphetamine from Pittman. The investigation also determined that Pittman has two prior violent felony convictions.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Lackawanna Police Department, under the direction of Chief Mark Packard, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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Grand Jury Charges 37 Florencia 13 Members and Associates with Federal Crimes, Including Three Murders, One of Them a Beating Death

Source: US FBI

LOS ANGELES – Federal and local law enforcement officials today announced the unsealing of federal grand jury indictments charging a total of 37 members and associates of the South Los Angeles-based Florencia 13 (F13) street gang, alleging a series of crimes, including fentanyl trafficking, extortion, and three murders, including that of a man beaten to death outside a bar in the gang’s “territory.”

Today’s takedown resulted in the arrests of 23 F13 members and associates who are expected to be arraigned on 11 indictments this afternoon in United States District Court in downtown Los Angeles. Six of the defendants were already in state or federal custody, and authorities continue to search for eight other defendants charged in these cases, including multiple defendants currently believed to be fugitives in Mexico.

As part of this investigation, law enforcement has seized approximately 21 pounds of methamphetamine, nine pounds of fentanyl, and 6.5 pounds of heroin. Authorities also have seized 25 firearms and approximately $70,000 in cash connected to this investigation.

“Through murder, drug trafficking, violent robberies, and other criminal behavior, street gangs bring devastation upon our communities,” said United States Attorney Martin Estrada. “We must stand united against gang violence. Today’s arrests and seizures demonstrate that we will be relentless in combating these criminal organizations.”

“Florencia-13 is known for its barbaric tactics which, tragically, resulted in several murders alleged in the indictment,” said Akil Davis, the Assistant Director in Charge of the FBI’s Los Angeles Field office. “Residents of the community in which Florencia-13 operates deserve to live their lives without fear from violence and extortion, and this joint investigation demonstrates our shared commitment to that goal.”

“Today’s coordinated take down of gang members associated with the ‘Florencia 13’ criminal street gang creates safer neighborhoods by removing dangerous individuals from our communities and disrupting their criminal network that fuels this violence,” said Sheriff Robert G. Luna. “By removing key offenders from our streets who instill fear and terrorize our communities, we are taking decisive action to restore safety and enhance the quality of life for all residents. Our commitment to reducing gang violence remains unwavering as we work together to build safer, stronger communities.”

The bulk of the charges in today’s takedown comes from two federal grand jury indictments targeting Florencia 13. The first indictment charges 19 defendants – including Celerino Jaramillo, 30, a.k.a. “Bizzy,” of South Los Angeles, a “shot caller” in one of F13’s cliques – with conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act.

Among a series of alleged racketeering-related crimes, during one incident on October 17, 2022, a mob of F13 members – including Jonathan Reyes, 19, a.k.a. “Creeper,” of South Los Angeles – beat one victim to death in the early morning outside a bar in the Florence-Firestone neighborhood of Los Angeles. The victim repeatedly was stomped, kicked, and punched, and beaten with a baseball bat.

The indictment further alleges that Jaramillo and co-defendant Oscar Hernandez, 30, a.k.a. “Drex,” of South Los Angeles, on June 19, 2023, murdered a victim identified in court documents as “R.A.,” an F13 member who had violated the gang’s rules. The day after R.A.’s was shot and killed, Jaramillo allegedly told fellow gang members that he wanted Hernandez inducted into F13’s Jokers clique because he “proved [Jaramillo] solid.”

The following month, Jaramillo and Hugo Armando Pineda, 36, a.k.a. “Menace,” of South Los Angeles, allegedly murdered “D.E.,” another F13 member in bad standing.

The rest of this superseding indictment alleges a series of criminal activity by Jaramillo and others, including the running of “casitas,” or illegal after-hours bars and clubs, including collection of extortionate “taxes” from them, trafficking of narcotics such as fentanyl and methamphetamine, and illegal use and possession of firearms.

A second indictment unsealed today charges eight Florencia 13 associates – including Saul Ayon Quintero, 50, of Bellflower – with drug-related crimes, including conspiracy to distribute fentanyl, methamphetamine, and heroin, and illegally using and possessing firearms and ammunition.

Finally, nine additional Florencia 13 members and associates are charged in eight separate indictments with methamphetamine distribution counts, and another Florencia 13 member is charged in a separate indictment with possession of an unregistered firearm and being a felon in possession of firearms and ammunition.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

If convicted, most of the defendants would face a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment.

The FBI, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, and the United States Marshals Service are investigating this matter.

Assistant United States Attorneys Christopher C. Kendall and Daniel H. Weiner of the International Narcotics, Money Laundering, and Racketeering Section are prosecuting these cases.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Owner of South Gate-Based Tattoo Removal Business Pleads Guilty to Health Care Fraud Scheme That Recruited Paraplegics

Source: US FBI

LOS ANGELES – The owner of a tattoo removal business in South Gate pleaded guilty today to federal criminal charges for recruiting paraplegics in a health care fraud scheme that netted more than $1.7 million and for cheating on his taxes.

Joseph Tusia, 60, of Leominster, Massachusetts, pleaded guilty to a two-count information charging him with health care fraud and tax evasion.

According to his plea agreement, Tusia operated a laser tattoo removal business in South Gate and 10 durable medical equipment supply companies (DMEs) in California, Nevada, and Massachusetts. Tusia controlled the tattoo removal companies and the DMEs but intentionally withheld his name from bank accounts and state registrations to evade tax liability.

On December 30, 2015, Tusia and a co-schemer submitted an application to Anthem Blue Cross (“Anthem”) for a small group health insurance plan. Anthem’s small group plan permitted benefits and health coverage for permanent employees who worked full-time. Despite the eligibility requirements, Tusia caused to be submitted to Anthem the names of nine individuals purported to be full-time employees of Tattoo Removal and a person who was a dependent of the Tusia. None of these purported employees were employed by Tattoo Removal or eligible for health insurance coverage under Tattoo Removal’s plan with Anthem. 

According to his plea agreement, Tusia identified the Purported Tattoo Removal Employees from his friends and associates who were paraplegic and required medical supplies, knowing and expecting that the Purported Tattoo Removal Employees would purchase their medical supplies from the DMEs that were controlled by Tusia and his associates.

From March 2016 to June 2020, Tusia and his co-schemers submitted fraudulent claims to Anthem on behalf of the DMEs for medical supplies provided to the purported employees, knowing that none of them were eligible for coverage. As a result of these fraudulent claims, Anthem paid the DMEs controlled by Tusia approximately $1,731,215.

Tusia also admitted in his plea agreement to knowingly and willfully failing to report income he received from the DMEs in tax years 2017 through 2020, totaling more than $1,573,644. Tusia admitted that he failed to pay tax to the IRS and that he took affirmatives steps to evade paying taxes, such as by creating the DMEs and opening bank accounts for the DMEs in the names of his associates and co-schemers.

United States District Judge George Wu scheduled a December 5 sentencing hearing, at which time Tusia will face a statutory maximum sentence of 10 years in federal prison on the health care fraud count, and up to five years in federal prison for the tax evasion count.

The United States Department of Labor – Employee Benefits Security Administration, the FBI, and IRS Criminal Investigation are investigating this matter.

Assistant United States Attorney Jeff Mitchell of the Major Frauds Section is prosecuting this case.

Cheektowaga Man Pleads Guilty to Child Pornography Charge

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that John Stuart, 35, of Cheektowaga, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in August 2019, the FBI received a lead indicating that in May 2019, an online user accessed child sexual abuse and exploitation material via a website on the Tor network. Subsequent investigation traced the IP address to Stuart. In October 2020, a search warrant was executed at Stuart’s residence, during which law enforcement seized multiple electronic devices, including two laptop computers, a cell phone, a hard drive, and a desktop computer tower. A forensic review recovered approximately 8,000 videos and approximately 2,000 images of child pornography on one of the laptops, and approximately 150 images and one video of child pornography on the second laptop. Approximately 90 images and 150 videos of child pornography were recovered from the cell phone and approximately 90 images and two videos on the hard drive. Some of the images included depictions of violence against children.

Stuart also admitted during his plea that during the execution of the search warrant, law enforcement recovered live marijuana plants, more than a pound of dried marijuana ready for consumption, and that he was a chronic user of marijuana. Stuart was also found to be in possession of three firearms. Because he was a user of controlled substances, Stuart was legally prohibited from owning or possessing firearms.

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Cheektowaga Police Department, under the direction of Chief Brian Coons. 

Sentencing will be scheduled at a later date.    

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Former Syrian Prison Official Charged with Immigration Fraud

Source: US FBI

LOS ANGELES – A former Syrian government official was indicted today for allegedly lying to United States immigration authorities about his time running a Syrian prison where prisoners, including political dissidents, were physically mistreated.

Samir Ousman Alsheikh, 72, of Lexington, South Carolina, is charged with one count of obtaining, using, and possessing a green card that was procured through false statements and one count of attempted naturalization fraud.

Alsheikh was arrested on a federal criminal complaint on July 10 at Los Angeles International Airport and remains in federal custody. His arraignment is scheduled for August 16 in United States District Court in downtown Los Angeles.

“Samir Alsheikh attempted to settle in Southern California after allegedly participating in grave abuses while part of the Assad regime in Syria,” said United States Attorney Martin Estrada. “His indictment sends a clear message that those who seek immigration benefits in our country after having previously committed human rights violations will find no shelter here.”

According to court documents, Alsheikh was a Syrian government official who held a variety of positions in the Syrian police and the Syrian state security apparatus, and was associated with the Syrian Ba’ath Party, the totalitarian party that ruled Syria.

He allegedly served as the head of Damascus Central Prison (colloquially known as “Adra Prison”) from approximately 2005 to 2010. As described in the indictment, political dissidents and other prisoners were severely physically abused at Adra Prison during Alsheikh’s tenure there. The indictment further alleges that Alsheikh was subsequently appointed governor of the province of Deir Ez-Zour by Syrian President Bashar al-Assad.

Alsheikh allegedly concealed his employment at the prison, persecution of any person because of political opinion, and involvement in harming others when he applied for U.S. citizenship in 2023. He allegedly made similar false statements when applying for a visa that enabled him to enter the United States in 2020, become a lawful permanent resident, and obtain a green card.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

If convicted, Alsheikh faces a maximum penalty of 10 years in federal prison.

HSI and the FBI are investigating the case, with support from U.S. Citizenship and Immigration Services and the HSI-led Human Rights Violators and War Criminals Center (HRVWCC).

Assistant United States Attorney Joshua O. Mausner of the Violent and Organized Crime Section and Justice Department Trial Attorneys Patrick Jasperse and Alexandra Skinnion of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case. The Justice Department’s Office of International Affairs also provided assistance.

Members of the public who have information about human rights violators in the United States are urged to contact U.S. law enforcement through the FBI tip line at 1-800-CALL-FBI or the HSI tip line at 1-866-DHS-2-ICE, or complete the FBI online tip form or the ICE online tip form.

Grand Jury Indicts Prior Felon on Drug and Gun Charges

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a three-count indictment charging Robert L. Robinson with possession with intent to distribute cocaine,  possession with intent to distribute cocaine, possession of firearms in furtherance of drug trafficking, and being a felon in possession of firearms. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 7, 2024, law enforcement executed a search warrant at Robinson’s Buffalo residence. During the search, investigators recovered quantities of suspected cocaine and marijuana, $35,869.00 in cash, two firearms, ammunition, and drug paraphernalia. One of the firearms was reported as a duty weapon stolen from a member of the Miami Dade Police Department on July 18, 2019. After the execution of the search warrant, Robinson was taken into custody.

Robinson was previously convicted of felony crimes in 2003 and 2011 and is legally prohibited from possessing firearms.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. 

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.